Jeremy Martin has been quoted in the article “Ontario Bill Seeks to End Limitation Period Ambiguity in Class Actions” published by The Lawyer’s Daily. This article looks at the ruling in Green v. Hospital for Sick Children and Bill 161.
Writes Christopher Gully: “An Ontario Court of Appeal ruling that declined to address the silence in the province’s Class Proceedings Act (CPA) regarding the suspension of limitation periods will soon be resolved by the Ontario legislature…. Bill 161, the Smarter and Stronger Justice Act, 2020, currently at third reading in the Ontario Legislative Assembly, would amend s. 28 (1) to cause the limitation period to resume running after ‘the court refuses to certify the proceeding as a class proceeding.’”
Jeremy, who testified before the Standing Committee on Justice Policy at the Ontario legislature regarding Bill 161, said that were it not for the pending amendment to CPA s. 28 (1), the decision in Green “could have caused some consternation for defendants, who very frequently may be successful in defeating a certification, but who will see the claims against them suspended indefinitely.”
“The courts have interpreted the legislative silence as intentional, allowing plaintiffs to recalibrate or recast their approach to a case and potentially pursue it in another form of collective action. But it’s been frustrating for defendants who have defeated certification and who still face outstanding claims that can potentially last forever.”